our traffic map shows the back-up. it's always jammedp along this stretch of 680. the southbound lanes are jad up past 580. the northbound slowdown begins all the wayk before highway 84. countdown to campaign 20-12. four days before the electi- a major reversal in prop 34. new numbers out today... shw the death penalty could endn california. a field poll released today, shows nearly half of all vos prefer to replace the death penalty with life in prison without parole. it's a shift from september when the majy said life in prison would ct too much. cbs 5 political reporter, ge lee is where california's dh row is located, san quentin. grace. this was a surprise outcomeo many...including the directf the field poll. mark

that you should know about is that the money supposedly saved from all those legal fees and getting rid of the death penalty would be shifted to law enforcement and crime labs and the idea is to help solve

murders and reported rapes. live near san quentin, grace lee, cbs 5. on the campaign trail, both presidential candidates are trying to spin today's unemployment numbers in their favor. cbs reporter danielle nottingham shows us how these new numbers could impact undecided voters. reporter: armed with the latest jobs numbers, president obama and republican rival mitt romney are battling it out over the economy. >> and unless we change course, we may well be looking at another recession. >> we have made real progress. but we are here today because we know we have more work to do. >> reporter: employers added 171,000 jobs in october. but with more americans looking for work, the unemployment rate moved up slightly from 7.8 to 7.9%. romney told voters in wisconsin, he can do better. >> this is not a time for america to settle. >> no. >> we're four days away from a fresh start.

>> reporter: in ohio, president obama made the case he is moving the country forward. >> we know what change looks like. and what the governor's offering ain't it. >> reporter: ohio could decide who wins the white house. not only are the candidates spending a lot of time there in these closing days. they're bombarding voters with fresh tv ads. >> who will do more for the auto industry? >> reporter: mitt romney is airing a new commercial in ohio saying workers in china benefited from the auto bailout. at a rally outside columbus, the president fired back. >> you don't scare hard working americans just to scare up some votes. >> reporter: with the race tight in nine swing states, both candidates will sprint through battleground states this weekend trying to win over a shrinking number of undecided voters and get their supporters to the polls. danielle nottingham, cbs news, the white house. a bay area mother reached for a baseball bat and fought off burglars who broke into her

home. da lin talked with the family this afternoon. this isn't first time their home has been burglarized. >> reporter: not the first time. the second time the same house has beentargeted, and this time the home owner said enough is enough and fought back. reporter: a 55-year-old dan used this aluminum baseball bat to chase off two would-be burglars, their second attempt to break in, in nine details. the woman declined to talk on camera. her 22-year-old daughter says her mother wanted to make sure the burglars don't return by confronting them. >> it had happened a week ago and probably knew what was going on and so she was like, oh, no. they are not doing this again. >> reporter: the family is still shaken up and asked me not to identify them or the house. it happened last friday morning around 9:30 on saint james drive. police say the two men in their 20s first rang the doorbell. when no one responded, they smashed this window to try to get in. it turned out the homeowner was

home. >> she was in çher bathrobe and grabbed this bat and chased up the stairs and swept it into their trunk. >> reporter: wait a minute here. so your mom was in a bathrobe. >> yeah. her crime-fighting outfit, yeah. >> reporter: and in her blue fuzzy bathrobe, the woman tells me she swung at the burglars' car as they sped off, denting the car's trunk. piedmont police say while they understand her frustration, them people to avoid confronting the bad guys. >> it's best just to be a good witness, get good information on the description of the vehicle, the suspects. >> reporter: police say those same burglars tried to break in on october 17th and that time the daughter this young woman here was home and scared them away. >> the first time i was scared because it was like they could have been in my house. >> reporter: the family fells me before these latest attempts, someone successfully broke into the house twice in the last several years. police are still looking for

those two men and unfortunately, the homeowner doesn't have a good description of the suspects. they have seen an increase in residential burglaries in the town over 10% more than last year. back to you live from piedmont. >> thank you. other bay area headlines. in san francisco a muni train hits and kills a man walking the tunnel between the montgomery and embarcadero stations. it happened about 7:30 this morning and shut down the train service for close to three hours. buses took stranded passengers to their stops along the affected light rail lines during that shutdown. in oakland, chp officers lending a hand to the overworked and understaffed oakland police department. the highway patrol will be doing traffic enforcement in higher crime areas. a chp spokesman says the officers start their patrols yesterday. today we're seeing some of the first pictures from one of the hardest hit boroughs,

staten island. it's an unimaginable scene homes ripped off their foundations, pushing them hundreds of yards. debris piled up in streets, marinas a tangled mess of boats. residents say help is not coming fast enough. >> we're going to die, we're going to freeze, we have 90- year-old people! >> 19 people died in that town. mayor bloomberg caved to outrage and canceled the marathon. a growing number of residents and runners called on the mayor to postpone the race scheduled to kick off on staten island on sunday. >> we are far from fine. the fact that the mayor wants to have a marathon this weekend when we have people who are like lost either their lives or lost their entire house, i mean, it's unbelievable to me. >> mayor bloomberg has said the race would have given a needed boost to the city's morale and to local businesses. in new jersey, more than a

million and a half people are without power this evening. neighborhoods are filled with @ntered homes and frustration is growing at the slow pace of basic recovery. the scarcity of gasoline in new jersey is creating long lines at gas stations without power to run the pumps more than half the state's gas stations are closed. where they're open police are managing frustrated crowds. >> and we are proud to announce our parent company cbs corporation that is contributed a million dollars to the american red cross. in addition, cbs corporation will match any contributions made by its employees to any sandy related relief effort by making an additional contribution to the american red cross. basically i started keeping track because it was happening so often. >> i lost count. >> safeway shoppers overcharged again. and again. and again. how the store is supposed to make it up to you. >> then 23 million reasons to

be thankful. a mystery lotto winner reveals the special needs for grandchildren turning a jackpot into a blessing. >> good evening happy friday, meteorologist paul deanno here. we are falling back this weekend. should be getting chillier? the exact opposite in the forecast. wait until you see how warm we're going to get. ,,,,,,

pleasantone bi the east bay. cal is preparing for it's ft friday night gam an historic game is creating a rough commute in the east bay tonight. cal is preparing for its first friday night game at home against the washington huskies. berkeley officials are urging fans to take public transit to the game to avoid an already heavy friday evening commute. >> people are cooperating and so far, all of our reports are good. there's not been a particular problem and we just hope it stays that way that people will come on public transportation and, you know, have a great time. >> yeah. cbs 5's roberta gonzales in berkeley tonight where spirited

cal fans are entering memorial stadium. how's it looking? >> we are here at the university of california berkeley home of the cal barnes. it's the first friday night light game. people have been streaming in especially in the past 45 minutes. but i have been doing this random poll asking everybody, how did you get here? [ screaming ] >> reporter: and they said the number one reason that they're here is bart. because all these roads are closed behind me here. you cannot enter except by foot. we drove all the way around memorial stadium. it took us a good 45 minutes and we had press parking passes to get here. but we still could not park. so coming up at 6:00 tonight, we're going to talk about the madness behind all the parking. the big-time problems. but we're also going to bring you exciting things going on here too, as well. reporting from cal berkeley, go, bears! ken? >> all right, roberta. thank you for that. it's a $23 million blessing for a southern california family. the winning ticket to a jackpot had been sitting in a

victorville woman's car without her even knowing it. today the mystery winner came forward and collected her prize. the mother of 7 children including 2 adopted special needs boys has a dozen grandchildren and is struggling to support everyone. she says she still can't believe it was her daughter the lottery was looking for. >> she said, i'm going to text you a picture and you tell me who it is. so i put my 99-cent dollars glasses and i have put two pairs to see and it was charlene. and i thought she robbed a bank. [ laughter ] >> most of the $17.8 million will be used to care for her two special needs boys. but first, she is taking them to disneyland. overcharged at the supermarket time and time again. but are you getting the freebies the store is legally required to give you? an exclusive undercover consumerwatch investigation

next. >> and count your blessings. it's good for your mind and your body. the health benefits linked to gratefulness, next. ,,,,,,,,,,,,

created a traffic nightmarel ternoon... crews are another live look at 680 in

pleasanton. a big rig accident has created a traffic nightmare all afternoon. crews are working to clear the accident from the southbound lanes of the stoneridge drive off-ramp. southbound traffic is sneaking on by the shoulder. the one lane of northbound 680 is still closed. traffic is backed up for miles. viewers tipped us off to an ongoing problem at safeway. one shopper lost count of how many times he has overcharged. julie watts goes undercover to find out how often it's happening and what safeway is doing about it in a story you'll see only on cbs 5. reporter: i didn't get my savings on that right here. i can show you. more than 7 cents. sometimes it's a misplaced price. so that's the wrong sign? other times a computer error. but far too many times customers complain they are getting overcharged at safeway anywhere from 10 seconds to 10 bucks. >> i only have four receipts

but it's been more than that. >> just recently i started keeping track because it was happening so often. >> i lost count. >> reporter: and they are not alone. back in 2003, safeway and its southern california vons stores paid fines following 2 separate lawsuits for overcharging and the company was again sued by state in 2008. the judgment in that lawsuit? if either store charges you more than the lowest advertised price in most cases you're supposed to get the item for free. >> in all the years i've called them on this, i have never gotten the item for flee. >> they just kind of unhappily give you the difference. >> reporter: according to the december. weights and measures that would be a direct violation of a court or the according to the department of weights and measures. >> except for a few products, dairy, alcohol, tobacco, if item is priced less than $5 you have the item for free. >> reporter: if you're overcharged on an item over $5 safeway is supposed to give you a $5 gift card. that was the punishment issue after a multicounty

investigation found the same thing back then we're still finding today. widespread overcharges. the same thing just happened. we went undercover shopping at five safeway stores in three counties. and not only were we overcharged five times, not a single stored off to gives the item for free. and two flat-out refused. shouldn't i get it for free because i was overcharged? >> i never seen that. >> reporter: would this be a violation of the injunction if a safeway employee refused to refund? >> i believe it is yes. >> reporter: while the agency wouldn't directly comment on our findings, he points out the judgment also requires safeway post signs and, quote, a con spinning one location at all checkout lanes explaining the refund policy in a conspicuous location. we did find signs posted at some of the stores we visited but they weren't exactly conspicuous. posted behind the customers service counter with tiny print or hip level at the end of the

checkout lane. one store had no signs at all. most people he would spoke with have no idea these signs exist. isn't that some sort of indicator that these signs aren't in a conspicuous location? >> yes, that within a concern. >> reporter: safeway declined to sit down with you at headquarters but the statement says they made it clear it price to all employees for all pricing including it's new just for you coupons but apparently the policy is not so clear to the company's business and ethics department which stated the exact opposite in this email just last month when it refused to refund one of our viewers for the same reason store employees refused to refund us. safeway wouldn't comment on the fact that we were never offered our overcharged items for free as required by the court order but did quote respectfully disagree with our assertion that the required signs were not conspicuously posted even though many of their own employees couldn't seem to find them. is that posted somewhere? >> uhm... >> uhm....... >> i never seen that. you can ask them about it.

i don't know. >> reporter: now, safeway apologized for our overcharges and said it corrected the error but can't comment on the viewer complaints without more information. it says customers with overcharge issues should call the customer service number that we have posted at cbssf.com/consumerwatch. but i should point out when we called last night the rep said never heard of the judgment and said refunds are at the manager's discretion. >> mistakes are made. no question about it. the computer age when all those prices are changed multiple times a day. i this what bothers people the most is you talk to safeway, you don't really get an answer to anything that's going on there. >> reporter: clearly the problem hasn't been rectified. they have faced similar lawsuits since 2003. >> thank you, julie. mr. mr. deanno i guess we're playing with our clock this weekend. >> a 49 hour weekend! how about that! you get an extra hour because we ar falling back. saturday sunset 6:08. sunday the sun will be down in

san francisco at 5:07. not much sunshine out right now. we are at the southern edge of a front moving through. we are seeing high, thin cloud cover and temperatures are dropped a couple of degrees over the past hour. santa rosa down to 66. oakland 67. san francisco 64. it was comfortable for much of the day but now we're cooling off and we are also clouding unfortunately. a few showers about 100 miles offshore. that's where the rain will stay. no rain for the next several days. cloud cover keeping us a couple degrees milder overnight acting like a blanket. oakland 54. redwood city, 52. san jose down to 52 degrees. a lot going on. we have high pressure building in. we are still getting the northern fringes of a front that's moving through but the storm track in general will stay to our north and crescent city, medford oregon will see some rainfall but not us. then high pressure just drops anchor off to our west. it's going to stay there for five days. that means five days of sunshine, five days of temperatures running 10 degrees above normal and five days of dry weather. beautiful weather right on through the weekend. all about the 70s this weekend

even near the bay. even at the coast you will be close to 70 degrees. near record highs on monday and tuesday and for the next several days the rain will stay away. tomorrow, 76 for livermore. close to 70 in downtown san francisco. and san jose exactly average 72 sunnyvale 72. mid-70s pleasant hill, san ramon, dub, 74. beautiful day in san rafael 73. dublin 74. wine country sonoma 75 degrees tomorrow. warmer sunnier on sunday, mainly sunny skies, low 80s inland. near records on monday and tuesday. approaching 80 near the bay in november? yup. top of next week. we are going to get cooler. highs friday only in the 50s with rain likely. so enjoy the warm while we have it because we will not have to for that much longer. beautiful weekend. >> fall and then winter right around the corner. the power of gratitude giving thanks can do wonders for your mind and body. dr. kim mulvihill explanation

how counting your blessings can actually keep you healthy. reporter: halloween may be over, but don't tell these guys. >> i said, yes, wear your halloween costumes. that's fine. >> reporter: wear them again? >> airplane them again. >> reporter: and that makes mom jeanine kovack. >> i'm glad we got out of the house without a lot of tantrums in halloween costumes. >> reporter: her twin boys michael and wagner were born by emergency c-section 15 weeks early. they spent three months in intensive care. but instead of falling apart, kovack began to count her blessings and focus on the positive. >> i newsom of the things that i had to do to get through something traumatic. >> reporter: kovack is a volunteer at uc-berkeley's greater good science center. here researchers study the benefits of feeling gratitude or thankful. >> it really encourages you to think outside of yourself for a moment. >> reporter: research shows

individuals who kept a journal and detailed their gratitude were 25% happier than those who did not. >> the people who did the gratitude showed increases in happiness and reductions in stress, reductions in vulnerability, the physical symptoms like headaches, rashes, dizziness. >> reporter: kovack says her boys today are perfectly healthy and that for her family, gratitude plays a big part in their lives. >> at dinner we go around and we each say what we're grateful for. >> reporter: dr. kim mulvihill, cbs 5 healthwatch. >> the center has launched a new gratitude project. anyone can sign up online. for more information go to cbssf.com. click on news and then click on health. and we'll be right back. ,,,,,,,,,,

this is hayden. ,,,,,,,,,, that's elizabeth.

and that's skyler... and his mom, nancy. they're just a few of the californians who took it on themselves to send you a message about what they need to restore years of cuts to their schools. prop thirty-eight. thirty-eight raises billions in new revenue - bypasses sacramento and sends every k through 12 dollar straight to our local schools... every school. for them. for all of us. we're working on for the 6:0 news. employers across the country have added jobs. but a lot i'm dana king. here's what we're working on for the 6:00 news. employers across the country have added jobs but a lot of bay area workers are far from satisfied. how technology is shrinking the

field of full-time opportunities. >> if you think you're being watched there is a good chance you are. who is taking thousands of photos and why they are scanning your every move. we'll have that and more at 6:00. >> all right. thanks for watching. "cbs evening news with scott pelley" is coming up next. >> and remember, the latest news and weather are always on cbssf.com captions by: caption colorado comments@captioncolorado.com ,,,,,,,,,,,,,,,,,,,,